| Isaac M. Ovadiah v Colony E. 5th St. Realty, LLC |
| Motion No: 2013-02341 KC |
| Slip Opinion No: 2014 NY Slip Op 62124(U) |
| Decided on January 21, 2014 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Isaac M. Ovadiah, Appellant Pro Se, v Colony E. 5th Street Realty, LLC, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 8, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate its default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk